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Research On The Protection Of P2P Internet Loan Investors' Rights

Posted on:2019-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:L J ZengFull Text:PDF
GTID:2416330545994160Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,the development of P2P network lending in China continues to heat up.As a fairly dynamic new financial model,it not only develops traditional financial theory in depth and breadth,but also brings completely different social consumer financial life experience.However,with the rapid development,it is also accompanied by a series of irregular chaos.Loss of connection and difficulties of fulfillment have become hot words in the P2P network lending industry.The future of Internet finance lies in inclusive finance.In practice,Loss of platform operators and heavy losses for investors.How to solve the issue of investor rights protection is worth exploring.The main content of the article consists of three parts,as follows:The first part defines the concept of P2P network lending: relying on electronic products,using Internet technology,and providing information mediation platform as the medium to realize the lending activities between investors and lenders.Its essence is private lending,further clarifying P2P network lending.The various concepts involved.This section analyzes why natural persons,legal persons,and other organizations can become investors in P2P network lending.However,it is difficult for enterprises to become investors.Explained the legal relationship between the lending relationship,intermediation contracts,guarantee contracts,service contracts,insurance contracts,etc.included in the P2P network lending;Based on the principle that "buyers are responsible for their own responsibility",the necessity of protecting the rights of borrowers of P2P networks is analyzed: The current P2P network lending environment cannot meet the inherent requirements of the principle for information symmetry and transaction equality.So it cannot absolutely apply this principle.In the second part,the author analyzes and analyzes the practical difficulties and institutional difficulties of the protection of the rights and interests of the P2P network lending in China.At present,due to the continuous upgrading of Internet technologies,the Internet financial market environment has become complicated,making P2P network lenders investors' right to security,fair trade rights and other basic rights are threatened,based on the existing regulation of the P2P network lending industry Judging by laws and regulations.Even in August 2016,the "Interim Measures for the Management of Internet Credit Agencies' Business Activities" jointly developed by the China Banking Regulatory Commission,the Ministry of Industry and Information Technology,and the Ministry of Public Security haveimproved the irregularities in the industry.But the related detailed operation method lacks the supporting rules and is still difficult to implement in practice.On the basis of the analysis of the first two parts,the third part proposes the establishment of P2P network lending investor tilt protection principles and appropriate protection principles,improve the relevant legislation,establish a strict access mechanism,improve the channel for investor rights and benefits and other improvements Suggest.
Keywords/Search Tags:P2P Network Lending, Investors, Rights Protection
PDF Full Text Request
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